HomeMy WebLinkAboutRes No 1907PLANNING COMMISSION RESOLUTION NO. 1907
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A VARIANCE TO SECTION
25.16.050 OF THE MUNICIPAL CODE, SPECIFICALLY TO ALLOW THE
CONVERSION AND EXPANSION OF EXISTING CARPORT INTO A
GARAGE WITH A THREE FOOT NORTH SIDE YARD SETBACK AND
ALLOWING A REAR/SIDE YARD BUILDING ADDITION WITH A FOUR
FOOT SETBACK AT THE NORTHEAST CORNER OF THE PROPERTY.
CASE NO. VAR 98-2
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 5th day of January, 1999, hold a duly noticed public hearing to consider the request of
PAUL BAUER of the above stated; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act, Resolution
No. 95-105," in that the Director of Community Development has determined that the
project is a Class 5 categorical exemption for the purposes of CEQA; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said planning commission
did find the following facts and reasons to exist to justify granting approval of said variance:
FINDINGS FOR VARIANCES (SECTION 25.16.050):
1. The strict or literal interpretation and enforcement of the specified regulation
would result in a particular difficulty and unnecessary physical hardship
inconsistent with the objectives of the Zoning Ordinance.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or that do not apply generally to other
properties of the same vicinity. The subject property is located in an area
which typically has rectangular shaped lots. The lot's irregular configuration
poses an extraordinary circumstance which generally does not apply to other
properties of the same zone.
3. The strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of the privileges enjoyed by the owners of other
properties in the same vicinity and zone. The property currently does not have
an enclosed garage and a place to feasibly park a recreational vehicle off-
street. Properties in the adjacent vicinity have enclosed garages.
4. That the granting of the variance will not be detrimental to the public health,
safety, or welfare, or be materially injurious to the properties or improvements
in the vicinity. The proposal has been designed to be compatible and
consistent with the surrounding neighborhood and existing homes. The
proposal is a low profile structure which will not have any opening to the north
or to adjacent property.
PLANNING COMMISSION RESOLUTION NO. 1907
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm
Desert, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That approval of Variance 98-2 is hereby granted, subject to the attached
conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 5th day of January, 1999, by the following vote, to wit:
AYES: BEATY, JONATHAN, LOPEZ, CAMPBELL
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Pla ping Commission
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SONIA M. CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 1907
CONDITIONS OF APPROVAL
CASE NO. VAR 98-2
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, as modified by the following conditions.
2. Construction of a portion of said project shall commence within one year from the
date of final approval unless an extension of time is granted; otherwise said approval
shall become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. Conversion and expansion of the existing carport into a garage shall be limited to a
three foot side yard setback minimum along the north property line.
5. Construction of a rear/side yard building addition shall be limited to a four foot
setback minimum at the northeast corner of the property.
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